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A. Retrogression and persistent barriers to accessing contraceptive information and services
In relation to access to contraceptive services, in its summary report, the Committee recommended
among others that the state party ensure access to the full range of sexual and reproductive health
services including emergency contraceptives “with particular focus on economically
disadvantaged women and adolescent girls” 20 and to eliminate “economic and structural barriers
that result in unequal access to sexual and reproductive health services, including limitations
pertaining to women’s marital status, age and number of children.”21 Specific to women’s and
girls’ access to sexual and reproductive health information, the Committee recommended among
others that the state party ensure that women are able to “make informed decisions about the
number and spacing of children” and that “non-biased, scientifically sound and rights-based
counselling and information on sexual and reproductive health services, including on all methods
of contraception” are available.22 The Committee also recommended for the inclusion of
comprehensive and age-appropriate sexual and reproductive health education in schools23 and the
conduct of campaigns to address misconceptions on the use of modern contraceptives and the
gender-based stereotypes discouraging its use.24
Current legal framework on contraceptive access. In 2012, the state party enacted the RPRHA,
the first national reproductive health law of the Philippines which guarantees “universal access to
medically-safe, non-abortifacient, effective, legal, affordable, and quality reproductive health care
services, methods, devices, supplies.”25 While the RPRHA was an important step forward,
conservative religious and anti-reproductive rights groups have resorted to the Supreme Court to
impede its full implementation for over three years and strip it of important provisions. The
Supreme Court issued its first order restraining the implementation of the RPRHA in March 2013.26
As will be discussed, the RPRHA has violated core human rights standards including those under
CEDAW resulting in practical condonation of grave reproductive rights violations by the state
party.
In its 2014 decision on the constitutionality of the RPRHA, Imbong v. Ochoa (Imbong), the
Supreme Court declared several key provisions of the law as unconstitutional.27 As a result, health
care providers may refuse to carry out “elective” reproductive health procedures such as ligation
or vasectomy for married individuals on the ground of lack of spousal consent. Providers may also
require parental consent for all minors to access modern contraceptives, including those who are
already parents or have suffered miscarriage for lack of parental consent.28 The court’s decision
also allowed institutions to exercise “conscientious objection” and removed any obligation on the
part of private health facilities, non-maternity specialty hospitals, and hospitals run by religious
groups to refer women seeking modern contraceptives to alternative health care providers. 29
In ALFI v. DoH (ALFI), the Court issued a temporary restraining order (TRO) prohibiting the DoH
and any of its agents from “procuring, selling, distributing, dispensing or administering,
advertising and promoting" Implanon and Implanon NXT and preventing it from approving
applications for certification of contraceptive drugs and devices.30 In its September 2016 decision
which was later modified in a 2017 resolution, the Supreme Court failed to prioritize women’s
reproductive rights by denying the lifting of the TRO and issuing onerous directives (discussed in
more detail below) that must be complied with by the DoH and FDA for the certification, recertification, distribution, and administration of any contraceptive drugs and devices.31 During the